Australian lawyers launch constitutional challenge to detention of 10 asylum seekers on Nauru

Four Australian human rights lawyers have launched a constitutional challenge to the detention of 10 asylum seekers being held at the immigration detention centre on Nauru.

The four lawyers - George Newhouse, Julian Burnside, Dan Mori and Jay Williams - are seeking the release of 10 men, from Iran and Sri Lanka, on the grounds that their continued detention is unlawful, inhumane and degrading.

George Newhouse, head of Shine Lawyers' social justice team, has told Radio Australia's Asia Pacific the detention of the asylum seekers is "effectively indefinite, which makes it arbitrary and in breach of Nauru's constitution".

"The Nauruan constitution only allows for detention for the purposes of removal and if they're being detained for the purposes of Australian immigration policy, that's not a proper reason to hold them... and they should be released," he said.

He says Nauru's constitution is clear that asylum seekers can only be held for the purpose of removal, so "if they're actually going to be resettled on Nauru, then they should be released and resettled as soon as possible".

"We're waiting for the registry to advise us of a hearing date. This could take months and we are concerned that confusion around the court system in Nauru may actually delay proceedings for quite some time.

"The Chief Justice of Nauru can't get a visa to attend Nauru and one of our complaints under the Nauruan constitution is that detainees can't get proper access to legal advice.

"We are extremely concerned that we will be denied access to the island... in which case it will be almost impossible to properly prosecute the case."

The ultimate court of appeal for the Nauruan justice system remains the High Court of Australia, and Mr Newhouse says some of the case may end up there. He also says a win could set a precedent.

"The relief we're seeking is that the detainees are released from detention and returned to Australia. So it will have a very serious effect on the so-called 'Pacific Solution'.

Meanwhile, Australia's Foreign Affairs Minister Julie Bishop says the Australian Government is working with Nauru to ensure it has a functioning legal and judicial system.

Ms Bishop says decisions about visas and appointments are a matter for the Nauruan government.

But she says Australian officials have been discussing the matter with Nauruan officials as recently as this week.

"Our High Commissioner Bruce Cowled has conveyed to President Waqu and to the Justice Minister Adeang our concerns about the implications of the cancellation of visas to Magistrate Peter Law and Chief Justice Geoffrey Eames, and the implications for the rule of law in Nauru and its reputation internationally," Ms Bishop said.